Cited as an example where Molahlehi J reinstated a deemed withdrawn review.
Cited for the finding that a withdrawal or removal does not preclude reinstatement.
Applied for the two-stage approach to be applied when considering whether to grant declaratory relief.
The court respectfully disagrees with Van Niekerk J's approach in Eskom regarding the granting of a declaratory order in circumstances where the Practice…
Cited for application of the Afrox test in the context of section 187(1)(h).
Applied for the principle that a declaratory application should be dismissed where the legal position is clear and unambiguous in terms of the Act and…
Cited in support of the principles concerning when further or alternative relief may be granted.
Cited for the principle that section 158(1)(j) of the LRA applies to the common law principle of causa continentia which aims at effectiveness.
Court follows this decision holding that the Labour Court lacks jurisdiction to entertain a rule 11 application until a lapsed review is reinstated.